My family booked a flat in Lohegaon, Pune in 2015. The agreement stated the size was 700 sq ft. Now, the builder is asking for extra payment for a small 10 sq ft addition he made. He says the change was necessary because of new regulations. But the agreement doesn’t mention anything about changes or extra charges. Is the builder’s request justified? Should I pay him for this new space?

Apni Law
Apni Law
Law Forum › Category: Property › My family booked a flat in Lohegaon, Pune in 2015. The agreement stated the size was 700 sq ft. Now, the builder is asking for extra payment for a small 10 sq ft addition he made. He says the change was necessary because of new regulations. But the agreement doesn’t mention anything about changes or extra charges. Is the builder’s request justified? Should I pay him for this new space?
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Apni Law Staff asked 9 months ago

My family booked a flat in Lohegaon, Pune in 2015. The agreement stated the size was 700 sq ft. Now, the builder is asking for extra payment for a small 10 sq ft addition he made. He says the change was necessary because of new regulations. But the agreement doesn’t mention anything about changes or extra charges. Is the builder’s request justified? Should I pay him for this new space?

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Best Answer

Apni Law Staff answered 9 months ago

Under Indian law, the builder cannot unilaterally change the agreed-upon size and demand additional payment without a clear amendment to the agreement. The burden of proof for the necessity of the change and its legal justification rests on the builder. You are not legally obligated to pay for the additional space if it wasn’t part of the original agreement.

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